Volume 03 Issue 02-2023
46
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
46-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The economic reforms being carried out in our independent country, the abandonment of the administrative
command system, require the implementation of fundamental changes in all spheres of our social life, and first of all,
the creation of forms and methods of establishing production-economic relations suitable for market relations. Today,
the foundations of the market economy have been created, the mechanism of market relations has been launched
through the establishment of market infrastructure institutions and the creation of a competitive environment,
private ownership has been restored, and its development is gaining priority.In terms of market relations, contracts
and deals are of great importance. Therefore, the main purpose of this article is to compare contracts and deals from
a legal point of view and to describe their differences and similarities.
KEYWORDS
Law, Civil Code, Republic of Uzbekistan, contract, agreement, similarities, differences, analysis.
INTRODUCTION
The contract is the main legal document establishing
civil-legal and economic relations between citizens and
legal entities [4, 123-125].
The contract is characterized by the following signs as
an agreement (agreement) of the parties:
a)
free expression of the freedom of the parties;
b)
that the parties have agreed on all the important
terms that make up its content;
c)
performance of actions of the parties according to
their obligations (as a rule) for a fee;
Research Article
THE INSTITUTE OF CONTRACTS AND DEALS IN CIVIL LAW:
COMPARATIVE-LEGAL ANALYSIS
Submission Date:
February 18, 2023,
Accepted Date:
February 23, 2023,
Published Date:
February 28, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue02-08
Tulepova Zulfiya Urazbaevna
2nd Year Master Student, Ksu, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 02-2023
47
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
46-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
d)
equality of parties in contractual relations;
e)
legal guarantee of contract execution;
f)
liability for breach of contractual obligations [6, 85-
92].
Therefore, the contract is, first of all, the basis of the
origin of obligations between the parties; secondly, it
is the legal form of property relations between the
parties.
Deals are actions of citizens and legal entities aimed at
determining, changing or canceling civil rights and
duties [5, 38-45].
Deals can be unilateral, bilateral or multilateral
(agreements). If the will of one party is necessary and
sufficient in accordance with legal documents or the
agreement of the parties to enter into a deal, such a
deal is considered a one-sided deal [2, 27-30].
Deals are concluded orally or in writing (ordinary or
notarized). Silence is an expression of willingness to
enter into an agreement in the cases stipulated by the
law or the agreement of the parties.
According to Article 106 of the Civil Code, the oral form
of the deal that is not specified in written form by law
or by the agreement of the parties, including at the
time of its conclusion, may be concluded orally. Such a
deal is considered concluded even if it is known from
the behavior of the person that his will to enter into an
agreement is known. A deal confirmed by issuing a
token, patta or other generally accepted sign is
considered an agreement concluded in oral form,
unless otherwise prescribed by law[1].
In accordance with Article 107 of the Civil Code, the
written form of the deal must be signed by the parties
or their representatives, unless otherwise dictated by
business practices. If it does not contradict the legal
documents or the requirements of one of the
participants, it is allowed to use facsimile copying of
the signature during the conclusion of the deal. [1].
Additional requirements to which the form of the
transaction must be in accordance with the legal
documents and the agreement of the parties (drafting
on a form of a certain form, confirmation with a seal (if
there is a seal), etc.) may be specified and the
consequences
of
non-compliance
with
these
requirements may be provided.
The party that executed the agreement concluded in
written form has the right to demand a document
confirming the execution from the other party. The
party who executed an oral business agreement has
the same right, except for agreements that are
executed at the time of conclusion.
In accordance with Article 366 of the Civil Code, the
form of the contract is that if the law does not specify
a certain form for certain types of contracts, the
contract can be concluded in any form provided for the
conclusion of contracts [1].
From the moment of notarization or registration of a
contract subject to notarization or state registration,
and when notarization and registration is required, the
contract must be registered. The contract is
considered to have been concluded from the moment
it was made.
A written contract can be concluded by drawing up a
single document signed by the parties, as well as by
exchanging documents by mail, telegraph, teletype,
telephone, electronic communication or other means
of communication that allows to reliably determine the
origin of the document from the party to the contract.
Volume 03 Issue 02-2023
48
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
46-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Based on the given information, the similarities
between the contract and the deal:
The differences between contract and deal are as
follows:
An agreement between two or more persons to
establish, change or cancel civil rights and
obligations is called a contract.
Deals can be unilateral, bilateral or multilateral
(agreements). If the will of one party is necessary
and sufficient in accordance with legal documents
or the agreement of the parties to enter into a
deal, such a deal is considered a unilateral deal.
If the law does not specify a certain form for
certain types of contracts, the contract can be
concluded in any form provided for the
conclusion of contracts, that is, the forms of
contract and contract formation are the same:
oral and written.
In order to conclude a contract, two parties
(bilateral agreement) or three or more parties
(multilateral agreement) must agree. That is,
deals can be concluded unilaterally and vice versa,
and contracts differ only in terms of bilateral or
multilateral structure.
CONCLUSION
Based on the given information, it is possible to come
to the conclusion that the concepts of contract and
deal in civil law are inextricably linked. According to the
results of the comparative legal analysis of these
concepts, the concepts of contract and deal are similar
concepts. At the same time, their structural forms are
the same, that is, oral and written. However, there are
also differences between these concepts, which are in
the types of contract and deal. At the same time, deals
can be concluded unilaterally and vice versa, and
contracts differ only in terms of bilateral or multilateral
structure.
REFERENCES
1.
www.lex.uz/ Civil code of the Republic of
Uzbekistan
2.
Belov B.A. Civil law: General part: text book. - M .:
Center YurInfoR LLC, 2002.
Volume 03 Issue 02-2023
49
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
46-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
3.
Civil law. T.l. / Under. ed. A.P. Sergeeva, Yu.K.
Tolstoy. - M.: Prospect, 2003.
4.
Roziyev R.J. Civil law - T.: "Institute of Philosophy
and Law" 2005.
5.
Topildiyev V.R. Civil law - T.: "Universitet" 2008.
6.
Zokirov I.B., Okyulov O.tTopildiyev V.R. and others.
Contract law. - T., TDYUI, 2006.
